Legal Dictionary of Pakistan

Appointive asset

an asset distributed under a power of appointment.

Casus fortuitus non est supponendus

A chance event is not to be presumed.

Equal Credit Opportunity Act

A federal statute prohibiting a creditor from discriminating against an applicant on the basis of race, color, religion, national origin, age, sex, or marital status with respect to any aspect of a credit transaction. 15 USCA §§ 1691 et seq.

Equal Employment Opportunity Commission

A federal agency created under the Civil Rights Act of 1964 to end discriminatory employment practices and to promote nondiscrim- inatory employment programs.( The EEOC investigates alleged discriminatory employment practices and encourages mediation and other nonlitigious means of resolving employment disputes. A claimant is required to file a charge of discrimination with the EEOC before pursuing a claim under Title VII of the Civil Rights Act and certain other employment-related statutes. - Abbr. EEOC.

Illusory Appointment Act

An 1839 English statute providing that no appointment of property is to be declared invalid on grounds that it is illusory. ( This statute was repealed and reissued in 1925 as part of the Law of Property Act.

In novo casu novum remedium apponendum est

In a novel case a new legal remedy must be applied.

Malapportion

ub. See APPORTIONMENT; GERRYMANDERING.

Malapportionment

n. The improper or unconstitutional apportionment of a legislative district. -

Nonsupport

The failure to support a person that one is legally obliged to provide for, such as a child, spouse, or other dependent. ( Nonsupport is a crime in most states, where it is often termed criminal nonsupport.

Omnis privatio praesupponit habitum

Every privation presupposes possession. a "Every discontinuance is a privation and he cannot discontinue that estate which he never had." Co. Litt. 339a.

Opponent

1. An adverse party in a contested matter. 2. A party that is challenging the admissibility of evidence - opposed to proponent.

Opportunity

The fact that the alleged doer of an act was present at the time and place of the act.

PPO

abbr. PREFERRED-PROVIDER ORGANIZATION.

Posito uno oppositorum negatur alterum

One of two opposite positions having been affirmed, the other is denied.

Privatio praesupponit habitum

Deprivation presupposes possession.

Quod omnes tangit, ab omnibus debet supportari

What touches (or concerns) all ought to be supported by all.

Support

n. 1 Sustenance or maintenance; esp., articles such as food and clothing that allow one to live in the degree of comfort to which one is accustomed. See MAINTENANCE (5); NECESSARIES. 2. Basis or foundation. 3. The right to have one's ground braced so that it does not cave in because of another landowner's actions. - support, ub.

Uniform Reciprocal Enforcement of Support Act

A uniform law providing a procedure by which an alimony or child-support decree issued by one state can be enforced against a former spouse who resides in another state. -Abbr. URESA.

action in equity. An action that seeks equitable relief, such as an injunction or specific performance, as opposed to damages.

admission by party-opponent

An opposing party's admission, which is not considered hearsay if it is offered against that party and is (1) the party's own statement, in either an individual or a representative capacity; (2) a statement of which the party has manifested an adoption or belief in its truth; (3) a statement by one authorized by the party to make such a statement; (4) a statement by the party's agent concerning a matter within the scope of the agency or employment and made during the existence of the relationship; or (5) a statornont by 3 cnonnspiratnr of fl)

admission by party-opponent.

See ADMISSION (1).

appointee

1. one who is appointed. 2. one who receives the benefit of a power of appointment. see power of appointment.

appointive asset

see asset.

appointive property

a property interest that is subject to a power of appointment.

appointment

n. 1. the act of designating a person, such as a nonelected public official, for a job or duty <article 11 of the u.s. constitution grants the president the power of appointment for principal federal officials, subject to senatorial consent>.

appointments clause

the clause of the u.s. constitution giving the president the power to nominate federal judges and various other officials. u.s. const. art. il, § 2.

apport

n. [law french] hist. a tax, expense, tribute, or payment.

apportionment

n. 1. division into proportionate shares. 2. the act of allocating or attributing moneys or expenses in a given way, as when a taxpayer allocates part of profits to a particular tax year or part of the use of a personal asset to a business. 3. distribution of legislative seats among districts that are entitled to representation; esp., the allocation o1 congressional representatives among the state. based on population, as required by the 14th amendment. ( the claim that a state is denying the right of representation to its citizens through improper apportionment presents a justiciable issue. - also termed legislative apportionment. see reapportionment. 4. the division (by statute or by the testator's instruction) of an estate-tax liability among persons interested in an estate. - apportion, ub.

apportionment clause.

insurance. a policy provision that distributes insurance proceeds in proportion to the total coverage.

apportionment of liability

torts. the parceling out of liability for an injury among multiple tortfeasors, and possibly the plaintiff as well. ( apportionment of liability encompasses such legal doctrines as joint and several liability, comparative responsibility, indemnity, and settlements. see restatement (third) of torts: apportionment of liability (1999).

apportum

n. [law latin] hist. the revenue, profit, or emolument that something brings to its owner. ( this was often used in reference to a pension. apposer. see foreign apposer.

apposite

adj. suitable; appropriate.

child support

Family law. 1. A parent's legal obligation to contribute to the economic maintenance and education of a child. 0 The obligation is enforceable both civilly and criminally. 2. In a custody or divorce action, the money legally owed by one parent to the other for the expenses incurred for children of the marriage. Cf. ALIMONY.

cohabiting unmarried person of the opposite sex

See CUPOS.

corporate-opportunity doctrine

The rule that a corporation's directors, officers, and employees are precluded from using information gained as such to take personal advantage of any business opportunities that the corporation has an expectancy right or property interest in, or that in fairness should otherwise belong to the corporation. ( In a partnership, the analogous principle is the firm-opportunity doctrine.

court-appointed attorney

See assigned counsel under COUNSEL.

court-appointed expert

See impartial expert under EXPERT.

easement of natural support

See lateral support under SUPPORT.

equal-opportunity employer

An employer who agrees not to discriminate against any job applicarit or employee on the basis of race, color, religion, sex, natural origin, age, or disability. - Abbr. EOE.

firm-opportunity doctrine

See CORPORATE-OPPORTUNITY DOCTRINE.

foreign apposer

Hist. An Exchequer officer responsible for examining the sheriff's estreat (book of fines), comparing the entries with those in court records, and apposing (interrogating) the sheriff on each sum in the estreat. - Also termed apposer.

general power of appointment

A power of appointment by which the donee can appoint - that is, dispose of the donor's property - in favor of anyone the donee chooses.

illusory appointment

a nominal, unduly restrictive, or conditional transfer of property under a power of appointment.

last-opportunity doctrine

See LAST-CLEAR. CHANCE DOCTRINE.

lateral support

The right to have one's land supported by the land that lies next to it. - Also termed easement of natural support.

limited power of appointment

A power of appointment by which the donee can appoint to only the person or class specified in the instrument creating the power. - Also termed special power of appointment.

object of the power of appointment

See permissible appointee under APPOINTEE.

opportunity cost

The cost of acquiring an asset measured by the value of an alternative investment that is forgone <her opportunity cost of $1,000 in equipment was her consequent inability to invest that money in bonds>. - Also termed implicit cost.

opportunity cost.

See COST (1).

opportunity to be heard

The chance to appear in a court or other tribunal and present evidence and argument before being deprived of a right by governmental authority. ( The opportunity to be heard is a fundamental requirement of procedural due process. It ordinarily includes the right to receive fair notice of the hearing, to secure the assistance of counsel, and to cross-examine adverse witnesses. See procedural due process under DUE PROCESS.